FW: PART II - TN Canadian wants to marry American in

Subject: PART II - TN Canadian wants to marry American in Canada ask
international income tax & immigration expert consultant David ingram
from North Vancouver, BC,Canada experts on RRSP RESP IRA 401(K) radio
CKBD 600AM 9 AM Sunday mornings on Fred Snyder's IT
The following comes from a reader who has been there, done that. An
interesting take on the subject of marriage.
If you are planning on going back to Canada, even for a visit.  Save a huge
amount of trouble and apply for a K-1 visa right away.  If you mentioned you
are engaged, or even that you are in a serious relationship, you could be
denied re-entry into the US until you have the appropriate visa type.
Overall a K-1 it is a quicker and easier than doing a change of status after
getting married.  I believe the K-1 visa requires that you marry in the US.
My wife and I tried the change of status method.  After a year and a half of
waiting we finally decided to move to Canada.  As a contractor, I can live
anywhere and immigrating to Canada is faster than to the US.  Six months
later, after we had already sent a letter abandoning our application they
finally scheduled an interview.  Two years later they finally sent a letter
acknowledging our decision to abandon our application.  Meanwhile,
immigration to Canada took twelve and a half months and placed no
restrictions on my abilities to cross back and forth between the US and
Canada.  The only complicated part was that for awhile we had two residences
which made determining my tax home complicated.  I would not be surprised if
eventually I get audited by both the US and Canada.  I would recommend if
you do immigrate to a country, establish that as your tax home right away to
avoid unnecessary complications.
Once you are married in the US, you will not be able to return to Canada
until you have advanced parole or permanent residency (i.e. permission to
leave the country).  That said, even when you have all the correct paper
work, sometimes the border will turn you away.  For example my wife was
turned away once while I was in the US three months for a business contract,
because it was a busy weekend and the case sounded too complicated for them
to deal with at the time.  She went back the next weekend with a faxed
letter from my employer, but they didn't even look at her photo ID that
Getting married in Canada would make things more complicated.
However, no law says you can not get married to your spouse multiple times.
Do a quick civic wedding in the US to satisfy visa requirements, and then
reschedule your Canadian wedding for a later date that will allow enough
time to complete the necessary paperwork.  Or you could do what my wife and
I did, which was to rent a cabin in Lake Tahoe, and invite only your closest
relatives.  The cost of airfare will reduce the guest list.
----- Original Message -----
From: <centapede at lists.centa.com>
To: "CENTAPEDE" <centapede at lists.centa.com>
Cc: "Webmaster at Jurock. Com" <webmaster at jurock.com>
Sent: Sunday, June 05, 2005 11:52 PM
Subject:  TN Canadian wants to marry American in Canada
askinternational income tax & immigration expert consultantdavid ingram from
North Vancouver, BC,Canada experts on RRSP RESP IRA 401(K) radio CKBD 600AM
9 AM Sundaymornings on Fred Snyder's IT's YOUR M
> QUESTION: I am a Canadian citizen currently living and working in the US
> under a TN-1 visa. My fiancée is a US citizen. We have a wedding planned
> in
> September 2005 in Canada.
> We have been told by immigration specialists that marrying in Canada (as
> opposed to the US) may hinder my future chances at permanent residency. We
> are considering cancelling the wedding in Canada, and instead holding it
> in
> the US. We are supposed to send out the invitations soon, so we have to
> decide this ASAP.  We want to do this right, as the stakes are very high.
> If
> denied permanent residency , couldn't I be forced to go back to Canada?
> Thanks very much
> --------------------------------------------------------------------------
> david ingram replies:
> If you even come back to Canada for a visit and casually mention to the US
> border person that you are marrying an American in September, you will not
> be allowed back into the US with a TN visa.
> A TN visa is very easy to get but it has BIG limitations.  Up until 1994,
> under the FTA (Free Trade Agreement) the old TC (Treaty Canada) visa was a
> dual status visa and allowed you to go to the USA to work with the dual
> intention of applying for a resident alien (green) card in the future.
> With the changes under NAFTA, the dual intention was removed and the
> renamed
> TN (Treaty NAFTA (North American Free trade Agreement) became a "maximum
> of
> one year" visa only.  To obtain a TN visa the job offer must be clear that
> it is temporary.
> Do NOT even think about marrying in Canada.
> If you get married in Canada and show up at the border with your new
> husband
> and a TN visa you will NOT be allowed into the USA unless you can prove
> conclusively that you are intending to move back to Canada with your new
> husband at the expiration of your current TN.
> AND, if your TN expires in the meantime, it will NOT be renewed if the
> border person discovers you are marrying in September with the intention
> of
> remaining in the USA on a permanent basis.
> I am NOT a lawyer and recommend that you should consult a qualified member
> of the AILA (American Immigration Lawyer's Association) ASAP.
> If you do not have access to one, there are several that work efficiently
> at
> a distance.  If you want to write and tell me where you are, I will give
> you
> a suggestion or two.
> david ingram
> Answers to this and other similar  questions can be obtained free on Air
> every Sunday morning.
> Every Sunday at 9:00 AM on 600AM in Vancouver, I, david ingram am a
> permanent guest on Fred Snyder of Dundee Wealth Managers' LIVE talk show
> called "ITS YOUR MONEY"
> Those outside of the Lower Mainland will be able to listen on the internet
> at
> www.600AM.com <http://www.600am.com/>
> Call (604) 280-0600 to have your question answered.  BC listeners can also
> call 1-866-778-0600.
> Callers to the show and questioners on this board can also attend the
> Thursday Night seminars on finance and making your Canadian Mortgage
> Interest deductible.
> David Ingram's US/Canada Services
> US / Canada / Mexico tax, Immigration and working Visa Specialists
> US / Canada Real Estate Specialists
> 4466 Prospect Road
> North Vancouver,  BC, CANADA, V7N 3L7
> Res (604) 980-3578 Cell (604) 657-8451
> (604) 980-0321
> New email to davidingram at shaw.ca <mailto:davidingram at shaw.ca>
> www.centa.com <http://www.centa.com/>  www.david-ingram.com
> <http://www.david-ingram.com/>
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